# C_2007140EN.01000301.xml

| 23.6.2007 | EN | Official Journal of the European Union | C 140/3 |
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23.6.2007

EN

Official Journal of the European Union

C 140/3

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Judgment of the Court (Second Chamber) of 10 May 2007 (reference for a preliminary ruling from the High Court of Justice (England & Wales) Queen's Bench Division (Administrative Court) United Kingdom — Thames Water Utilities Ltd, The Queen v South East London Division, Bromley Magistrates' Court

(Case C-252/05) (1)

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(Waste - Directives 75/442/EEC, 91/156/EEC and 91/271/EEC - Waste water which escapes from a sewerage network - Classification - Scope of Directives 75/442/EEC and 91/271/EEC)

(2007/C 140/04)

Language of the case: English

Referring court

High Court of Justice (England & Wales) Queen's Bench Division (Administrative Court)

Parties to the main proceedings

Applicant: Thames Water Utilities Ltd, The Queen

Applicant:

Defendant: South East London Division, Bromley Magistrates' Court

Defendant:

Intervener in support of the applicant: Environment Agency

Intervener in support of the applicant:

Re:

Reference for a preliminary ruling — High Court of Justice (England and Wales), Queen's Bench Division (Administrative Court) — Interpretation of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJ 1991 L 135, p. 40) and of Council Directive 75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39), as amended by Council Directive 91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32) — Concept of waste — Effluent from leaks in sewage pipes

Operative part of the judgment

| 1) | Waste water which escapes from a sewerage network maintained by a statutory sewerage undertaker pursuant to Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment and the legislation enacted to transpose that directive constitutes waste within the meaning of Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991; |
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1)

Waste water which escapes from a sewerage network maintained by a statutory sewerage undertaker pursuant to Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment and the legislation enacted to transpose that directive constitutes waste within the meaning of Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991;

| 2) | Directive 91/271 is not ‘other legislation’ within the meaning of Article 2(1)(b) of Directive 75/442, as amended by Directive 91/156. It falls to the national court to ascertain whether, in accordance with the criteria set out in the present judgment, the national rules may be regarded as being ‘other legislation’ within the meaning of that provision. Such is the case if those national rules contain precise provisions organising the management of the waste in question and if they are such as to ensure a level of protection of the environment equivalent to that guaranteed by Directive 75/442, as amended by Directive 91/156, and, more particularly, by Articles 4, 8 and 15. |
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2)

Directive 91/271 is not ‘other legislation’ within the meaning of Article 2(1)(b) of Directive 75/442, as amended by Directive 91/156. It falls to the national court to ascertain whether, in accordance with the criteria set out in the present judgment, the national rules may be regarded as being ‘other legislation’ within the meaning of that provision. Such is the case if those national rules contain precise provisions organising the management of the waste in question and if they are such as to ensure a level of protection of the environment equivalent to that guaranteed by Directive 75/442, as amended by Directive 91/156, and, more particularly, by Articles 4, 8 and 15.

| 3) | Directive 91/271 cannot be considered, as regards the management of waste water which escapes from a sewerage network, to be special legislation (a lex specialis) vis-à-vis Directive 75/442, as amended by Directive 91/156, and cannot therefore be applied pursuant to Article 2(2) of Directive 75/442. |
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3)

Directive 91/271 cannot be considered, as regards the management of waste water which escapes from a sewerage network, to be special legislation (a lex specialis) vis-à-vis Directive 75/442, as amended by Directive 91/156, and cannot therefore be applied pursuant to Article 2(2) of Directive 75/442.

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(1)  OJ C 205, 20.08.2005.

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